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22

 
 

(c)    

a joint overview and scrutiny committee within the

 

meaning given in subsection (2)(a) of section 185 of

 

the National Health Service (Wales) Act 2006

 

appointed by the authority concerned and one or

 

more other local authorities,

 

(d)    

an overview and scrutiny committee of another local

 

authority exercising relevant functions (within the

 

meaning given in subsection (1) of that section) of

 

the authority concerned by virtue of arrangements

 

made under regulations under subsection (2)(b) of

 

that section, or

 

(e)    

a joint overview and scrutiny committee within the

 

meaning of section 125 of the Local Government and

 

Public Involvement in Health Act 2007 (joint

 

overview and scrutiny committees: local

 

improvement targets) appointed by a group of

 

partner authorities (within the meaning of that

 

section) which includes the authority concerned.”;”

Clause 152

149

Page 106, line 1, leave out “inspector” and insert “auditor”

Clause 176

150

Page 120, line 40, at end insert—

 

“(1ZA)    

A Local Commissioner may include in a report on a matter under

 

subsection (1) any recommendations that he could include in a

 

further report on the matter by virtue of section 31(2A) to (2BA).”

151

Page 121, line 21, at end insert—

 

“( )    

Before subsection (3) insert—

 

“(2B)    

Subsections (3) to (8) apply in the case of a report under subsection

 

(1).””

152

Page 121, line 23, leave out paragraph (a)

153

Page 121, line 27, leave out subsections (6) and (7)

Clause 178

154

Page 122, line 27, after “of” insert “all or part of”

155

Page 122, line 35, after “of” insert “all or part of”

156

Page 122, line 38, leave out “a summary mentioned in subsection (1)(d) of this

 

section” and insert “—

 

(a)    

any part of a statement under section 30, and

 

(b)    

any part of a summary of a matter,

 

    

that is published, or a copy of which is supplied, under this section”

157

Page 122, line 39, leave out “or statement”

158

Page 122, line 40, leave out “that section” and insert “section 30”


 
 

23

 

Clause 184

159

Page 124, leave out lines 21 to 23 and insert—

 

““(2A)    

An order under subsection (1) must provide as respects each

 

specified principle—

 

(a)    

that it applies to a person only when acting in an official

 

capacity; or

 

(b)    

that it applies to a person only when not acting in an official

 

capacity;

 

    

but the order may provide as mentioned in paragraph (b) only as

 

respects a principle within subsection (2B).

 

(2B)    

A principle is within this subsection if it prohibits particular

 

conduct (or conduct of a particular description) where that conduct

 

would constitute a criminal offence.

 

(2C)    

An order under subsection (1) may define, for the purposes of the

 

order—

 

“official capacity”; and

 

“criminal offence”.

 

(2D)    

An order under subsection (2)—

 

(a)    

may specify principles which are to apply to a person at all

 

times;

 

(b)    

may specify principles which are to apply to a person

 

otherwise than at all times.””

160

Page 124, leave out lines 25 to 27 and insert—

 

““(4A)    

A model code of conduct issued under subsection (1) must provide,

 

as respects each provision of the code which relates to the conduct

 

expected of the persons mentioned in that subsection—

 

(a)    

that the provision applies to a person only when acting in an

 

official capacity; or

 

(b)    

that it applies to a person only when not acting in an official

 

capacity;

 

    

but the code may provide as mentioned in paragraph (b) only as

 

respects a provision within subsection (4B).

 

(4B)    

A provision is within this subsection if it prohibits particular

 

conduct (or conduct of a particular description) where that conduct

 

would constitute a criminal offence.

 

(4C)    

A model code of conduct issued under subsection (1) may define

 

for the purposes of the code—

 

“official capacity”; and

 

“criminal offence”.

 

(4D)    

Provision included under subsection (4A) or (4C) in a model code

 

of conduct—

 

(a)    

must be consistent with the provision for the time being

 

included in an order under section 49(1) by virtue of section

 

49(2A) or (2C);

 

(b)    

is to be mandatory except to the extent that it relates to an

 

optional provision;


 
 

24

 
 

(c)    

to the extent that it relates to an optional provision, is to be

 

mandatory where that optional provision is incorporated in

 

a code of conduct under section 51.

 

(4E)    

A model code of conduct issued under subsection (2) may

 

include—

 

(a)    

provisions which are to apply to a person at all times;

 

(b)    

provisions which are to apply to a person otherwise than at

 

all times.””

161

Page 124, leave out lines 30 to 32 and insert—

 

““(4A)    

Where under subsection (4)(c) a provision relating to the conduct

 

expected of persons is included in the code of a relevant authority

 

in England or police authority in Wales, the code must provide—

 

(a)    

that the provision applies to a person only when acting in an

 

official capacity (within the meaning given by the code); or

 

(b)    

that it applies to a person only when not acting in an official

 

capacity (within that meaning);

 

    

but the code may provide as mentioned in paragraph (b) only as

 

respects a provision within subsection (4B).

 

(4B)    

A provision of a code is within this subsection if it prohibits

 

particular conduct (or conduct of a particular description) where

 

that conduct would constitute a criminal offence within the

 

meaning of the code.

 

(4C)    

The provisions which may be included under subsection (4)(c) by a

 

relevant authority in Wales other than a police authority include—

 

(a)    

provisions which are to apply to a person at all times;

 

(b)    

provisions which are to apply to a person otherwise than at

 

all times.””

162

Page 125, line 10, leave out “49 or 50” and insert “49(2) or 50(2)”

163

Page 125, line 12, at end insert “in Wales other than a police authority”

Clause 192

164

Page 133, line 38, at end insert—

 

“(5)    

In section 105(6) of that Act (instruments subject to affirmative procedure)

 

after “49” insert “, 63(1)(j)”.”

Clause 210

165

Page 146, line 41, leave out subsections (1) to (6)

166

Page 147, line 47, at end insert—

 

“( )    

Schedule (Consequential amendments relating to joint waste authorities) (other

 

consequential amendments) has effect.”

Clause 213

167

Page 149, line 1, leave out subsection (6)


 
 

25

 

Clause 214

168

Page 149, line 45, leave out subsection (4)

Clause 215

169

Page 150, line 45, at end insert—

 

“(5A)    

Where an order under section 213—

 

(a)    

makes provision in relation to entities of a particular description, or

 

(b)    

makes provision in relation to the trustees of trusts of a particular

 

description,

 

    

it may provide for any expression used in identifying that description of

 

entity or trust to have the meaning for the time being given by a relevant

 

document identified by the order.

 

(5B)    

In subsection (5A) “relevant document”—

 

(a)    

means a document that (at the time the power under subsection

 

(5A) is exercised) is a document identified for the purposes of

 

section 21(2)(b) of the Local Government Act 2003 by regulations

 

made under that provision; and

 

(b)    

includes a document so identified by virtue of section 21(5) of that

 

Act (documents not yet existing).”

170

Page 151, leave out line 6

171

Page 151, line 8, at end insert—

 

“and references to a trust connected with a local authority have the same meaning

 

as in section 214.”

Clause 217

172

Page 151, line 38, leave out from “by” to end of line 40 and insert “a relevant

 

document identified by such provision.

 

(5)    

In subsection (4) “relevant document”—

 

(a)    

means a document that (at the time the power under subsection (4)

 

is exercised) is a document identified for the purposes of section

 

21(2)(b) of the Local Government Act 2003 by regulations made

 

under that provision; and

 

(b)    

includes a document so identified by virtue of section 21(5) of that

 

Act (documents not yet existing).”

Clause 218

173

Page 152, line 37, leave out from “by” to end of line 39 and insert “a relevant

 

document identified by the order.

 

(4)    

In subsection (3) “relevant document”—

 

(a)    

means a document that (at the time the power under subsection (3)

 

is exercised) is a document identified for the purposes of section

 

21(2)(b) of the Local Government Act 2003 by regulations made

 

under that provision; and

 

(b)    

includes a document so identified by virtue of section 21(5) of that

 

Act (documents not yet existing).”


 
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